Archived
Friend filed a federal 2255 pro se from prison. He has not received a reply filed by the US attorney in Feb. What should he do
Stephen's answer
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Answered on May 14, 2014
You should contact the clerk for a copy or to remind the clerk to forward toy a copy. This is not your fault. It also does not provide any excuse...
Time limit on writ of habeas corpus?
Stephen's answer
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Answered on May 14, 2014
Yes. Please consult a lawyer for applying any concurrent sentence credit.
Can a federal judge change my sentence once it has been handed down?
Stephen's answer
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Answered on May 14, 2014
You can motion for resentencing. You can discuss the BOP policy with your attorney. Look for all available options before approaching a decision...
Archived
Can I be charged for armed robery by the feds without a victim?
Stephen's answer
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Answered on May 14, 2014
The testimony is evidence of a crime. This is where you and your attorney work to discredit the information to head off an indictment or start...
Archived
Credible witness?
Stephen's answer
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Answered on May 14, 2014
This is up to the decision maker who will ultimately judge credibility at a trial or sentencing hearing.
Archived
Can you legally plead guilty to a limited statement of facts in a federal drug case?
Stephen's answer
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Answered on May 13, 2014
You can, but it will not limit sentencing in the slightest.
Archived
What brands of spice are still legal? I am confused about which brands we can legally buy and which ones got banned.
Stephen's answer
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Answered on May 13, 2014
You best get an attorney if you think you posses anything illegal, because you may get rid of the evidence, but not a potential conspiracy. You...
Archived
NJ - Does a defendant typically know there will be a grand jury proceeding against him?
Stephen's answer
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Answered on May 13, 2014
We do not know, but you should not tell him. Please work with the prosecutor here, not a public forum.
Archived
Laws against felons possessing certain kinds of information?
Stephen's answer
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Answered on May 13, 2014
It depends if your release condition prevent you. Are you on supervised release? If so, you would contact your PO to find out if this is allowed.
What can plea bargains offer in federal drug crimes besides a 3 point reduction for acceptance of responsibility?
Stephen's answer
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Answered on May 13, 2014
Not much usually. This all depends on how you mitigate your sentence under 3553A. But there is a 5K1.1 departure for cooperation that you...
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